Abortion pill mifepristone ruling in Texas case could hinge on 1873 Comstock Act
U.S. District Judge Matthew Kacsmaryk raised the Comstock Act repeatedly in last week’s hearing in the case challenging FDA approval of mifepristone.
The 1873 Comstock Act declared “obscene” materials as not mailable, including drugs advertised for use in abortions.
The Comstock Act hasn’t been enforced in decades. The DOJ says it doesn’t ban mail delivery of mifepristone, citing court cases that narrowed the law’s scope.
But Kacsmaryk could potentially issue an order invoking the Comstock Act to roll back FDA regulatory changes that allowed mifepristone mail delivery.
